Here’s why government plans for longer tenancies don’t go far enough

Rental property in London. Image: Getty.

When the modern private rental market was devised as part of the 1988 Housing Act, flexibility was the theme. If a landlord decided they no longer wanted to be a landlord, then they could use Section 21 of the Act to evict their tenants with two months’ notice, with no reason necessary, and cash in their investment.

In theory, this was balanced by flexibility for the tenant too – they could move out with minimal notice as well. But the Act failed to acknowledge the enormous power imbalance between landlord and tenant. If your tenant ends the tenancy, your business now needs to find a new customer. If your landlord ends the tenancy, you need to find a new home.

According to the latest English Housing Survey, 271,000 private renter households were asked to leave by their landlord in the past three years.

Whether we make the decision or not, moving house fills few of us with joy. Some landlords abuse our reluctance to attend a dispiriting series of flat viewings, then pack everything we own into boxes and haul them across town, by evicting tenants who make a fuss. The threat of a retaliatory eviction discourages tenants from complaining and results in a tenure where the EHS found 28 per cent of homes failed decency tests.

The power imbalance is so wide that when the Conservatives stopped thinking of housing simply in terms of home ownership and started making moves to improve renting, revenge evictions were the first thing they agreed to outlaw.

But the protections for tenants under the resulting Deregulation Act 2015 came with heavy caveats. First, the landlord must be doing something illegal – namely letting out a property which contains serious hazards. Second, the local council must serve an improvement notice on the landlord before the tenant gets protection from a no-fault eviction. Third, that protection lapses after six months. Finally, a landlord can get around all of that by just putting the rent up so high the tenant is forced to move.

Now it appears that few tenants are getting the protection they’re entitled to. We looked at Freedom of Information data gathered from the 100 councils with the largest private renter populations – approximately two-thirds of the total in England – and published our findings last month.

Of the 72 councils that recorded “Category 1” hazards in 2016-17 (28 didn’t), a total of 12,962 were found. Yet the councils only took appropriate enforcement action in 2366 cases – meaning that just 18 per cent of tenants had protection from a revenge eviction. Only eight councils in total issued as many improvement notices as hazards they identified. And just four councils recorded cases where a Section 21 eviction notice was served on tenants who’d complained.


It is no secret that local councils are strapped for cash, which might explain why there is so much poor practice. But tenants should not have to live in the right town to have the confidence to complain. A flaky, fiddly and temporary system of protection is not enough to deliver safe and secure homes.

That is one of many reasons why Generation Rent is campaigning alongside the London Renters Union, ACORN and the New Economics Foundation to abolish Section 21.

Last week the government published its long-awaited consultation on longer tenancies. It proposes to replace the 1988 model with three-year tenancies, retaining the ability of the tenant to move out after six months. But the government has undermined this progress by letting amateur landlords keep their flexibility, allowing them to take back a property in the three years if they want to sell or move back in. According to last year’s EHS, 63 per cent of private sector evictions take place for these reasons.

A three-year tenancy with limited grounds for eviction should at least give tenants greater confidence to complain. But that’s not enough. They should also have the knowledge that, so long as they meet their legal obligations, the home is theirs. If landlords can evict a blameless tenant, the rental market will keep failing to provide the certainty we associate with home.

Ending Section 21 would still allow evictions if a tenant breaks the contract. If a landlord wants to sell, that’s fine, but they should sell to another landlord, with the tenants staying put – or to the tenants themselves. If they want somewhere to live, they can rent.

The government’s consultation is a huge opportunity to make renting a genuine alternative to owner occupation. The EHS reports that 2.7m private renter households expect to buy eventually – yet fewer than 1m have more than £5000 in savings towards a deposit. That leaves a lot of people who will be denied the stability they crave for years to come. By abolishing Section 21 the government would give renters a stable home now.

Dan Wilson Craw is director of Generation Rent.

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“You don’t look like a train buff”: on sexism in the trainspotting community

A female guard on London’s former Metropolitan Railway. Image: Getty.

I am a railway enthusiast. I like looking at trains, I like travelling by train and I like the quirks of the vast number of different train units, transit maps and train operating companies.

I get goosebumps standing on a platform watching my train approach, eyeballing the names of the destinations on the dot matrix display over and over again, straining to hear the tinny departure announcements on the tannoy.  I’m fortunate enough to work on the site of a former railway station that not only houses beautiful old goods sheds, but still has an active railway line running alongside it. You can imagine my colleagues’ elation as I exclaim: “Wow! Look at that one!” for the sixth time that day, as another brilliantly gaudy freight train trundles past.

I am also a woman in my twenties. A few weeks my request to join a railway-related Facebook group was declined because I – and I quote here – “don’t look like a train buff”.

After posting about this exchange on Twitter, my outrage was widely shared. “They should be thrilled to have you!” said one. “What does a train buff look like?!” many others asked.

The answer, of course, is a middle-aged white man with an anorak and notebook. Supposedly, anyway. That’s the ancient stereotype of a “trainspotter”, which sadly shows no sign of waning.

I’m not alone in feeling marginalised in the railway community. Sarah, a railway enthusiast from Bournemouth, says she is used to funny looks when she tells people that she is not only into trains, but an engineer.

She speaks of her annoyance at seeing a poster bearing the phrase: “Beware Rail Enthusiasts Disease: Highly Infectious To Males Of All Ages”. “That did bug me,” she says, “because women can enjoy trains just as much as men.”


Vicki Pipe is best known as being one half of the YouTube sensation All The Stations, which saw her and her partner Geoff Marshall spend 2017 visiting every railway station in Great Britain.

“During our 2017 adventure I was often asked ‘How did your boyfriend persuade you to come along?’” she says. “I think some found it unusual that a woman might be independently interested or excited enough about the railways to spend sixteen weeks travelling to every station on the network.”

Pipe, who earlier this year travelled to all the stations in Ireland and Northern Ireland, is passionate about changing the way in which people think of the railways, including the perception of women in the industry.

“For me it’s the people that make the railways such an exciting place to explore – and many of these are women,” she explains. “Women have historically and continue to play an important part in the railway industry – throughout our journey we met female train drivers, conductors, station staff, signallers and engineers. I feel it is important that more female voices are heard so that women of the future recognise the railways as a place they too can be part of.”

Despite the progress being made, it’s clear there is still a long way to go in challenging stereotypes and proving that girls can like trains, too.

I’m appalled that in 2019 our life choices are still subjected to critique. This is why I want to encourage women to embrace their interests and aspirations – however “nerdy”, or unusual, or untraditionally “female” they may be – and to speak up for things that I was worried to speak about for so long.

We might not change the world by doing so but, one by one, we’ll let others know that we’ll do what we want – because we can.